RE: CIL R123 List - Public forum - Planning Advisory Service (PAS)
RE: CIL R123 List
Simon Pickstone, modified 8 Years ago.
CIL R123 List
Advocate Posts: 104 Join Date: 22/04/13 Recent PostsI have always assumed that one can only spend CIL money on items already on the R123 List. This isn't a major issue in many respects given one can add to or amend the list relatively quickly and easily...however, is it strictly true that it has to be on the list in order to spend CIL money on it? Is it explicitly set out anywhere...?
Thanks, Simon
Daniel Hudson, modified 8 Years ago.
RE: CIL R123 List
Advocate Posts: 121 Join Date: 25/04/12 Recent PostsMy understanding is that provided any spending falls within the definition of infrastructure within the regs, you are not bound by the R123 list. The primary purpose of the R123 list is to identify those items for which S106 agreements will not be sought.
Simon Pickstone, modified 8 Years ago.
RE: CIL R123 List
Advocate Posts: 104 Join Date: 22/04/13 Recent PostsSimon Pickstone, modified 8 Years ago.
RE: CIL R123 List
Advocate Posts: 104 Join Date: 22/04/13 Recent PostsDaniel Hudson, modified 8 Years ago.
RE: CIL R123 List
Advocate Posts: 121 Join Date: 25/04/12 Recent PostsI guess whilst there is nothing in the regs to compel you to stick to the R123 list, ultimately CIL is justified on the basis of there being an identified infrastructure gap to address needs identified in the Local Plan.
If, in practise, most CIL reciepts are spent on items which are not identified as critical infrastructure and do not have a clear relationship with development proposed in the Local Plan, it could call the justification for operating the CIL in the first place into question. It would be open to a developer to challenge the CIL in the courts on the grounds that the entire CIL scheme is no longer justified.